Assault and Battery
35+ Years' Experience. Nationally Recognized Defense.
Assault and battery is considered a serious crime, both by the state of Massachusetts and elsewhere in the United States. To prove assault and battery beyond a reasonable doubt, the defendant must have committed an unwanted touching, the defendant intended to engage in the touching, the touching was harmful or offensive, and it was committed without justification or excuse. The penalty in Massachusetts for a conviction of assault and battery is a jail term of up to 2 ½ years in a House of Correction and/or imposition of monetary.
Sentences are increased and include state prison for use of dangerous weapon in connection with an assault and battery (ABDW), and can also be enhanced by either the circumstances of the offense or specific characteristic of the victim such as age (assault and battery person over 65) or infirmity (assault and battery on mentally handicapped).
Aggravated battery (a felony) is defined by the nature, seriousness and/or permanent nature of injury caused, and indecent assault and battery, a felony that also allows for imposition of a state prison sentence, and is subject to sex offender registration, is a non-consensual sexual battery (touching) and divided by age (U 14; over 14). Domestic assault and battery requires proof of a live-in/domestic relationship and is usually accompanied by imposition of harsh abuse prevention/restraining orders, the violation of which can also result in jail time.
Assault and battery may also be alleged through reckless conduct in which the prosecution must prove beyond a reasonable doubt two elements: the defendant’s actions caused physical or bodily injury to the victim and the actions amount to wanton and reckless conduct. Assault is essentially an uncompleted assault and battery and/or threat of a battery. It can also be charged as a felony if a dangerous or deadly weapon is involved (A/DW) and/or its penalty can be enhanced based on the circumstances of the crime or nature of the victim. Assault and battery on a Public Employee (most frequently charged for batteries on police or fire personal) required proof beyond a reasonable doubt it was committed while the same was performing his or her official duties and carries a mandatory minimum 90 days jail sentence, upon conviction for the same in Massachusetts.
If you are accused of any of these crimes, it is essential you know your rights. It is also best to hire a lawyer who has years of experience in defending clients who are facing charges alleging any/all nature of charges alleging assaultive behavior and any variation, whether felony or misdemeanor, of assault and battery. Brad Bailey, an assault and battery lawyer, has practiced on both sides of criminal law. He has been a felony prosecutor in Manhattan (where he prosecuted all types of felony assaults), a senior trial prosecutor in Middlesex County, where he prosecuted murders, sex crimes and serious drug cases, a County Sheriff, where he not only reviewed, refereed, and referred out for prosecution, detainee and inmate assaults, but also created alternative dispute/mediation programs and a federal prosecutor in Boston.
As a violent crimes lawyer who has prosecuted and now defended virtually every conceivable assault/assault and battery/domestic violence charge imaginable, he understands the unique defense strategies needed for successfully handling these cases and infuses creativity, out-of-the box thinking, and zealous advocacy not just in the challenging and unique cases he routinely handles but for every client and in every case involving allegations of assaultive conduct. The following notable cases are just a few of the literally hundreds of related cases he has recently defended (and does not include the many clerk magistrate hearings in where he appeared and successfully avoided assault-related charges issuing against his clients):
To ensure your best defense, contact Brad Bailey today for a consultation.
In order to prove a defendant guilty of assault and battery, The Commonwealth must convince a jury, beyond a reasonable doubt of the following elements:
There is a second way in which a person may be guilty of an assault and battery. Instead of intentional conduct, it involves reckless conduct that results in bodily injury. In order to prove a defendant guilty of having committed an assault and battery by reckless conduct, the Commonwealth must prove two things beyond a reasonable doubt:
Brad Bailey is the go-to defense attorney for white collar crimes, federal crimes, as well as serious state felony charges. He is without question one of the most experienced criminal defense attorneys in Boston.